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Home My WebLink AboutPR 02-53; Carlsbad Unifited School District; 2003-0362011; EasementDOC # 2003-0362011 RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAILTAX EXEMPT STATEMENTS TO: EXEMPT APR 01s 2003 10=50 OM rnICIAL REm GfEBY J. SHITHi COUNTY RECORDER FEES: 0.00 Dc: NA DIEM COUNTY RECORDER’S OFFICE SPACE ABOVE THIS LINE FOR RECORDERS USE Assessor’s Parcel No.: 168-050-19-00 Project No. & Name: Calavera Hills II, CT 00-02 CUSD Inundation Easement PR 02-53 The undersigned grantor(s) declare(s): Documentary transfer tax is $o.oO ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and ( ) Unincorporated area: (x) City of Carlsbad, and. encumbrances remaining at time of sale. GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, 9 Carlsbad Unified School District (“Grantor”), a public school, district organized and existin ursuant to California law, as successor in interest to Oceanside-Carlsbad Union High Schoo bistrict per Resolution No. 8 adopted July 14, 1970 by the Board of Supervisors of the County of San Diego, hereby GRANTS to City of Carlsbad (“Grantee”), a Municipal Corporation an easement for STORM WATER INUNDATION PURPOSES (“Easement”) on, over, and across all of that certain real property located in the County of San Diego, State of California more particularly described in Exhibit “A consisting of two (2) pages and depicted in Exhibit “B” consisting of three (3) pages, attached hereto and incorporated herein by reference. Use by Grantee of the Easement is subject to the following restrictions and requirements, to which the City shall be deemed to have agreed by its acceptance of this Deed: 1. This Easement grants permission only for storm-water resulting from natural precipitation to back up or flow onto the area within the Easement (“Easement Area”). 2. Grantor retains all other rights with respect to the Easement Area, including the rights, in Grantor‘s discretion, to grade and fill, and to construct on, all or any portion of the Easement Area. Ill Word\Masters\Forms\Grant Deed of Easement - City 6/1/00 35 3. All or a portion of the Easement shall be temporary in nature, to reflect current area made subject to inundation by construction of College Boulevard and Cannon Road. Therefore, the Easement shall terminate automatically, without further action by Grantor or Grantee, as to any portion of the Easement Area that is hereafter graded to an elevation of 76 feet or higher. Upon request of Grantor, Grantee shall not unreasonably refuse or delay taking such action as is necessary to record documents evidencing the termination of this grant with respect to any portion of the Easement Area that has been graded to an elevation of 76 feet or higher (including, without limitation, duly authorizing, signing and delivering to Grantor one or more quitclaim deeds). STATE OF CALIFORNIA 1 1 COUNTY OF SAN DIEGO 1 On 4 44 f3.3603 before me, Name: Cheryl Ernst Jud.=hG G. &em;# Nda~- 6 b/=C (Type or Print) (here insert name and title of the'officer), d personally appeared @&A/ th¶sf Title: Superintendent personally known to me (- 'f (Type or Print) -) to be the persono whose name@) is/cwesubscribed to the within instrument and acknowledged to me that ke(she/hy executed the same in.Ris/her/tbeir authorized capacity(&), and that by kiclherltkeir signature@ on the instrument the person(+, or the entity upon behalf of which the persono acted, executed the instrument. WITNESS my hand and official seal. Signature: JUDITH G. CUNNI Word\Masters\Forms\Grant Deed of Easement - City 6/1/00 36 JANUARY 16, 2003 J.N. 981020 PAGE 1 OF 2 EXHIBIT "A" LEGAL DESCRIPTION P.R. 02-53 QUITCLAIMABLE INUNDATION EASEMENT THAT PORTION OF LOT E OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT POINT 16 AS SHOWN ON RECORD OF SURVEY NO. 17111 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON AUGUST 14, 2001; THENCE ALONG THE EAST LINE OF SAID RECORD OF SURVEY NO. 17111 NORTH 04'13'22'' EAST 963.76 FEET; THENCE NORTH 01'05'41'' EAST 318.54 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING THE EAST LINE OF SAID RECORD OF SURVEY NO. 17111 SOUTH 88'54'19'' EAST 30.00 FEET; THENCE SOUTH 01'05'41'' WEST 20.83 FEET; THENCE SOUTH 01'26'44" EAST 86.94 FEET; THENCE SOUTH 00'01'17'' WEST 51.21 FEET; THENCE SOUTH 00°19'37" WEST 106.20 FEET; THENCE SOUTH 01'54'37'' WEST 96.72 FEET; THENCE SOUTH 03'52'54'' WEST 127.55 FEET; THENCE SOUTH 03'03'49'' WEST 176.53 FEET; THENCE SOUTH 03O52'24" WEST 94.26 FEET: THENCE SOUTH 03'58'34'' WEST 68.37 FEET; THENCE SOUTH 37'57'32'' EAST 127.41 FEET; THENCE NORTH 53'15'17" EAST 25.39 FEET; THENCE NORTH 26'23'39'' EAST 5.99 FEET; THENCE NORTH 24'58'01'' EAST 4.34 FEET; THENCE NORTH 23'56'26" EAST 3.29 FEET; THENCE NORTH 23'17'35'' EAST 1.53 FEET; THENCE NORTH 22'37'15'' EAST 3.47 FEET; THENCE NORTH 21'28'56" EAST 5.00 FEET; THENCE NORTH 15'54'43'' EAST 18.67 FEET; THENCE NORTH 02'03'44'' WEST 46.94 FEET; THENCE NORTH 14'19'35" EAST 56.52 FEET; THENCE NORTH 12'47'22'' EAST 27.03 FEET; THENCE NORTH 00'00'42'' WEST 28.45 FEET; THENCE NORTH 22'48'09'' WEST 54.77 FEET; THENCE NORTH 05'36'36'' EAST 64.27 FEET; THENCE NORTH 19'21'32'' WEST 86.39 FEET; THENCE NORTH 00°10'08" WEST 83.15 FEET; THENCE NORTH 19'08'41'' EAST 109.24 FEET; THENCE NORTH 05'47'33'' EAST 100.39 FEET; THENCE NORTH 05'48'27'' WEST 52.24 FEET; THENCE NORTH 19'13'33" WEST 78.88 FEET; THENCE NORTH 16'43'22" WEST 81.52 FEET; THENCE NORTH 65O54'38'' WEST 34.59 FEET: THENCE NORTH 34'48'44'' WEST 19.51 W:\MSOFFICE\WINWORD\981020\QUITCLAIMABLE.LGL.dOC P.R. 02-53 37 JANUARY 16, 2003 J.N. 981020 PAGE 2 OF 2 FEET; THENCE NORTH 07O47'45" WEST 11.44 FEET; THENCE NORTH 88'54'19" WEST 33.41 FEET MORE OR LESS TO A POINT IN THE EAST LINE OF SAID RECORD OF SURVEY NO. 17111; THENCE SOUTH 01°05'41" WEST ALONG SAID EAST LINE 11.38 FEET TO THE TRUE POINT OF BEGINNING. AREA = 79,445 SQ. FT . = 1.82 ACRES P.R. 02-53 30 WCINIW MAP ff0 s. F CONSULT 2710 Loker Ave. W. 760-931-7700 Corlsbod, CA 760-931 -8680 Suite 100 FOX: 92008 1988-#W95 h 19m-0805496 ($( NO. 32014 r6] 9 Mp.12/31/04 I EXHIBIT "B" SHT. OF 3 SHTS DA TA TABLE II DA TA TABLE 0' 25' 100' 1 7 200' __ SCALE: 1" = 100' 2710 Loker Ave. W. 760-931-7700 Corlsbod. CA 760-931-8680 Suite 100 Fox: 92008 PAK'L 'A' EXHIBIT "B" SHT. 2 OF 3 SHTS. P.R. 02-53 APN r6;Sr-o5o-i9 && Z/kh3 O'MY Af " I 1 8-9 9-ro I S 035254 W I 12Z55' - *a ~0~~3'49~ w - I r7653' DA TA TABLE Im IDELTA/BEARING I RADIUS I LENGTH I DA TA TABLE DELTA/BEARING I RADIUS I LENGTH I \ CONSULT 2710 Loker Ave. W. 760-931-7700 Corlsbod. CA 760-931 -8680 Suite 100 FOX: I 92008 \\ \\ .\ SCALE: 1' = 100' NO. 32014 Em. 12/31/01 ou/fc6A/((rl4BLE/Nu" la!z&€H * PARCEL 'A' EXHIBIT "B" SHT. 3 OF 3 SHTS. I CERTIFICATION FOR ACCEPTANCE OF GRANT DEED OF EASEMENT This is to certify that the interest in real property conveyed by the Grant Deed dated March 12, 2003, from the Carlsbad Unified School District, a public school district organized and existing pursuant to California law, as successor in interest to Oceanside-Carlsbad Union High School District per Resolution No. 8 adopted July 14, 1970 by the Board of Supervisors of the County of San Diego, to the City of Carlsbad, a Municipal Corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: March 25,2003 &&L lsabelle Paulsen, Deputy Clerk SEAL